City of Milwaukee - File #: 071019

• File #: 071019
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 11/9/2007
• In control: LICENSES COMMITTEE
• Final action: 12/11/2007
• Effective date: 2/1/2008
• Title: A substitute ordinance relating to prohibition of certain alcohol practices in or on unlicensed premises.
• Sponsors: THE CHAIR
• Indexes: ALCOHOL - REGULATION AND LICENSING

Date	Ver.	Action By	Action	Result	Tally
12/28/2007	2	CITY CLERK	PUBLISHED
12/20/2007	2	MAYOR	RETURNED NOT SIGNED
12/11/2007	2	CITY CLERK	DRAFT SUBMITTED
12/11/2007	1	COMMON COUNCIL	AMENDED; Minutes note: Add the following: "Part 4. This ordinance takes effect February 1, 2008."	Pass	14:0
12/11/2007	2	COMMON COUNCIL	PASSED	Pass	14:0
11/28/2007	1	CITY CLERK	DRAFT SUBMITTED
11/27/2007	0	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Individuals present: Martin Collins - Commissioner of the Dept. of Neighborhood Services Sam McGovern-Rowen - Aldermanic District 3 aide Proposed Substitute A accepted.	Pass	4:0
11/27/2007	1	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
11/21/2007	0	LICENSES COMMITTEE	HEARING NOTICES SENT
11/9/2007	0	COMMON COUNCIL	ASSIGNED TO

Number

071019

Version

SUBSTITUTE 2

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance relating to prohibition of certain alcohol practices in or on unlicensed premises.

Sections

90-3-1                                          am

90-3-2                                          rn

90-3-2                                          cr

90-3-3                                          rn

90-3-5                                          cr

90-3-6                                          cr

Analysis

This ordinance prohibits any person from selling, bartering or offering to sell any alcohol beverage in or on a premises where the issuance of a license is prohibited by ordinance or state statute.

The ordinance also prohibits any person from giving any alcohol beverages or using any other means to evade any ordinance or state law relating to the sale of alcohol beverages.

Body

Part 1.  Section 90-3-1 of the code is amended to read:

90-3.  License Required.

1.  BASIC REQUIREMENT.  It shall be unlawful for any person to sell >>,barter<< or offer for sale >>or<< barter [[or give away]] in the city any intoxicating liquors or fermented malt beverages without having obtained a license as provided for in this chapter or to be in violation of the terms of such license.

Part 2.  Section 90-3-2 and 3 of the code is renumbered 90-3-3 and 4.

Part 3.  Section 90-3-2 of the code is created to read:

2.  PROHIBITED PRACTICES, ILLEGAL ALCOHOL BEVERAGE DISTRIBUTION, UNLICENSED PREMISES.  It shall be unlawful for any person to sell, barter or offer to sell or barter in the city any intoxicating liquors or fermented malt beverages in or on a premises where the issuance of a license is prohibited by this chapter or Wisconsin statute.

Part 4.  Section 90-3-5 and 6 of the code is created to read:

5.  EVADING LAW BY GIVING AWAY ALCOHOL BEVERAGES.  No person may give away any alcohol beverages or use any other means to evade this chapter or any state law relating to the sale of alcohol beverages.

6.  PENALTY.  Any person convicted of violating this section shall be fined not less that $2,500 nor more that $5,000 for each violation, plus costs of prosecution, and in default thereof, be imprisoned for a period not to exceed 90 days, or until forfeiture costs are paid.

Part 4.  This ordinance takes effect February 1, 2008.

LRB

APPROVED AS TO FORM

____________________________

Legislative Reference Bureau

Date:  ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

Department of Neighborhood Services

Drafter

LRB 07544-3

TWM/mbh

12/11/2007